The Jewish Ethicist: Refugee Redux

Is there a responsibility to provide care to illegal immigrants?

Q. You write that communities should initiate programs to provide care for immigrants. Does this apply even to illegal immigrants who are technically criminals?

A. We recently discussed the problem of providing humane medical care to indigent foreigners without imposing an unfair burden on the local community. This is a burning issue in many American localities, as testified by the outpouring of mail I received on this topic.

My suggestion was to continue to provide basic treatment but to require some host community to bear the brunt of the cost. This is fair to the ill person because he is provided with vital medical care, but is also fair to the citizens who are not being asked to pay the bill. This idea was meant to combine compassion with accountability.

One objection raised by readers is that the immigrant communities are quite poor and can't pay very much, but that is certainly no reason that they should pay nothing at all, which is my understanding of the current situation. If the immigrants were not making any money they wouldn't be immigrating at all.

But the main objection I want to discuss is the complaint that most such immigrant patients are illegal. My reply is that this fact is of limited ethical significance. Now I will explain this reply at length.

While I certainly acknowledge that a host country has a right to regulate immigration equitably and that citizens may decide how many foreigners to admit and take legal action to enforce their decisions, it is still true that illegal immigration is not the same kind of crime as larceny or reckless driving. Illegal immigrants are breaking the law, but they are not trying to take advantage of others. They are mostly just trying to improve their own lot by helping to fill some pre-existing need in the host community. After all, if there were no jobs for these people, they wouldn't be coming.

Again, that doesn't mean they have a right to come, or that it is improper to expel them, but it should provide a bit of ethical perspective.

This is particularly true of the United States, a country of immigrants since its founding. I don't know exactly what fraction of second or third generation Americans are descended from illegal immigrants, but I'm sure the proportion is pretty high, and I'm certain that those who are descended from "illegal" refugees who bucked quotas from Eastern Europe or from the Far East are not ashamed of their ancestors.

This insight is also appropriate to the Jewish Ethicist. Our column is meant to bring a Jewish perspective on ethical questions. Very often this means insights from the vast wisdom of the Torah tradition, but it also means learning lessons from the Jewish historical experience. As I implied in the previous column, Jewish communities have always taken responsibility for Jewish immigrants and refugees and have sought to arrange their absorption in a legal way. For example, after the expulsion from Spain in 1492, Jews from countries all over Europe and the Mediterranean lobbied their host countries to accept their refugees. (Two countries which were particularly hospitable were Turkey and Holland.)

At the same time, we must certainly acknowledge that quite a few Jewish emigrants and refugees made their way over, under or around immigration laws. I don't think that descendants of these illegals view their ancestors as criminals, and I don't think they should. They were individuals who sought to improve their own lot while contributing what they could to the host countries; and they generally did an admirable job on both counts.

Nations have a legitimate right to regulate immigration in an equitable way, and illegal immigrants certainly shouldn't become a privileged class. Even so, hosts need to recognize that immigrants are mostly decent individuals who find economic opportunities because they have a genuine contribution to make. It follows that host communities have a practical and ethical interest in making sure that basic humanitarian services are available for immigrants in way which doesn't constitute an unfair burden on citizens. Formal arrangements to share costs with immigrant community organizations or councils are one way of advancing this interest.

The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Business Ethics Center of Jerusalem. To find out more about business ethics and Jewish values for the workplace, visit the JCT Center for Business Ethics website at www.besr.org.

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About the Author

Rabbi Dr. Asher Meir is Research Director at the Business Ethics Center of Jerusalem (www.besr.org). He studied at Harvard, received a PhD in Economics from MIT, and rabbinic ordination from the Israeli Chief Rabbinate. Prior to moving to Israel, he worked at the Council of Economic Advisers in the Reagan administration. Rabbi Dr. Meir is also a Senior Lecturer in Economics at the Jerusalem College of Technology and has published several articles on business, economics and Jewish law. He is the author of the two-volume, "Meaning in Mitzvot (Feldheim), and his Aish.com columns form the basis of the "Jewish Ethicist" book (ktav.com).

Visitor Comments: 5

This is an answer to the anonymous writer that wants to THROW THEM OUT!!

(4)
Louis Reinstein,
January 16, 2005 12:00 AM

Need a balanced approach

I completely agree that this issue needs to be looked at from an ethical perspective. But I think that we should also be looking at this from other perspectives as well and ask why are people coming to the USA this way, by tube, by broken down boat, and stowing away in any way possible. We can look to the Rambam in his steps to giving Tzedakah as an analogy for understanding that we should help them get jobs in their own country and live their lives in their homeland---which is where most want to live. Jews too would not have left Russia, Spain, Egypt, you name it, if we were not forced out by oppression! I do though beg to differ with Rabbi Dr. Meir in his statement, "Illegal immigrants are breaking the law, but they are not trying to take advantage of others. They are mostly just trying to improve their own lot by helping to fill some pre-existing need in the host community. After all, if there were no jobs for these people, they wouldn't be coming." Many times immigrants do come and do not seek a job but seek welfare and this is where the biggest problem lies. This is taking advantage of the host community. Those people who sneak through the system and obtain grants or other help without going through the proper channels, through the system, that everybody is meant to do are breaking the law. This is different then welcoming the stranger as Abraham did---this too is important. The fact is though that we do have laws and whether someone intends to break a law or not, if someone breaks a law they must face the consequences. This is the same for someone who comes with or without a stamped visa and passport. I do believe that we should look though to helping people before they feel they need to leave their homes and are forced to flee. But we also must be fair and balanced in our assistance. Florida for example has different policies for Haitians and Cubans and this does not seem fair. This world has become too small for us to leave anyone out in the rain. We should remember our roots and remember too how important the law is to the Jewish people. Ethics and law are not always the same, but in this case the two must be worked out in favor of those in need.

(3)
Anonymous,
December 29, 2004 12:00 AM

THROW THEM OUT!!

Of course illegal immigrants are taking advantage of us. Do you think there are no unemployed AMericans? If these illegal immigrants were not here those jobs would be filled by Americans.
Secondly, why should my child have to have them in his/her class in school? The teacher's time and attention is diverted with giving them time and special attention . Furthermore, instead of being in a class of 25, my child is in a class of 35 - 10 of them illegal immigrants!
We have no obligation to them, except to THROW THEM OUT!! They keep coming because they know they can get jobs, free medical treatment, and education here. If we wouldn't give it them they wouldn't come!

(2)
Anonymous,
December 29, 2004 12:00 AM

to illegal immigrants.

I think we are obligated as were we not "strangers in a strange land?"

I can think of many passages, including feeding the hungry, clothing the naked, etc.. I think we are obligated by our very nature of having to leave our homeland in haste. I think we should encourage illegal immigrants to gain legal status, but to leave them in terrible situations would be ethically if not morally wrong . As Jews who are we to ignore others in need?

(1)
Anonymous,
December 27, 2004 12:00 AM

Refugees

In the 1960s and 1970s there were refugees from Hungary and Czechoslovakia who came to North America seeking freedom and a better life. We welcomed them and helped them adapt to our culture and to learn our language.

Similarly, there are those who seek refuge from Central and South America or the Caribbean and wish to better themselves and to improve the lives of their families and seek opportunities for themselves and contribute to the well-being of North America.

They should be welcomed.

Michael Abramowitz

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I live in rural Montana where the Cholov Yisrael milk is difficult to obtain and very expensive. So I drink regular milk. What is your view on this?

The Aish Rabbi Replies:

Jewish law requires that there be rabbinic supervision during the milking process to ensure that the milk comes from a kosher animal. In the United States, many people rely on the Department of Agriculture's regulations and controls as sufficiently stringent to fulfill the rabbinic requirement for supervision.

Most of the major Kashrut organizations in the United States rely on this as well. You will therefore find many kosher products in America certified with a 'D' next to the kosher symbol. Such products – unless otherwise specified on the label – are not Cholov Yisrael and are assumed kosher based on the DOA's guarantee.

There are many, however, do not rely on this, and will eat only dairy products that are designated as Cholov Yisrael (literally, "Jewish milk"). This is particularly true in large Jewish communities, where Cholov Yisrael is widely available.

Rabbi Moshe Feinstein wrote that under limited conditions, such as an institution which consumes a lot of milk and Cholov Yisrael is generally unavailable or especially expensive, American milk is acceptable, as the government supervision is adequate to prevent non-kosher ingredients from being added.

It should be added that the above only applies to milk itself, which is marketed as pure cow's milk. All other dairy products, such as cheeses and butter, may contain non-kosher ingredients and always require kosher certification. In addition, Rabbi Feinstein's ruling applies only in the United States, where government regulations are considered reliable. In other parts of the world, including Europe, Cholov Yisrael is a requirement.

There are additional esoteric reasons for being stringent regarding Cholov Yisrael, and because of this it is generally advisable to consume only Cholov Yisroel dairy foods.

In 1889, 800 Jews arrived in Buenos Aires, marking the birth of the modern Jewish community in Argentina. These immigrants were fleeing poverty and pogroms in Russia, and moved to Argentina because of its open door policy of immigration. By 1920, more than 150,000 Jews were living in Argentina. Juan Peron's rise to power in 1946 was an ominous sign, as he was a Nazi sympathizer with fascist leanings. Peron halted Jewish immigration to Argentina, introduced mandatory Catholic religious instruction in public schools, and allowed Argentina to become a haven for fleeing Nazis. (In 1960, Israeli agents abducted Adolf Eichmann from a Buenos Aires suburb.) Today, Argentina has the largest Jewish community in Latin America with 250,000, though terror attacks have prompted many young people to emigrate. In 1992, the Israeli Embassy in Buenos Aires was bombed, killing 32 people. In 1994, the Jewish community headquarters in Buenos Aires was bombed, killing 85 people. The perpetrators have never been apprehended.

Be aware of what situations and behaviors give you pleasure. When you feel excessively sad and cannot change your attitude, make a conscious effort to take some action that might alleviate your sadness.

If you anticipate feeling sad, prepare a list of things that might make you feel better. It could be talking to a specific enthusiastic individual, running, taking a walk in a quiet area, looking at pictures of family, listening to music, or reading inspiring words.

While our attitude is a major factor in sadness, lack of positive external situations and events play an important role in how we feel.

[If a criminal has been executed by hanging] his body may not remain suspended overnight ... because it is an insult to God (Deuteronomy 21:23).

Rashi explains that since man was created in the image of God, anything that disparages man is disparaging God as well.

Chilul Hashem, bringing disgrace to the Divine Name, is one of the greatest sins in the Torah. The opposite of chilul Hashem is kiddush Hashem, sanctifying the Divine Name. While this topic has several dimensions to it, there is a living kiddush Hashem which occurs when a Jew behaves in a manner that merits the respect and admiration of other people, who thereby respect the Torah of Israel.

What is chilul Hashem? One Talmudic author stated, "It is when I buy meat from the butcher and delay paying him" (Yoma 86a). To cause someone to say that a Torah scholar is anything less than scrupulous in meeting his obligations is to cause people to lose respect for the Torah.

Suppose someone offers us a business deal of questionable legality. Is the personal gain worth the possible dishonor that we bring not only upon ourselves, but on our nation? If our personal reputation is ours to handle in whatever way we please, shouldn't we handle the reputation of our nation and the God we represent with maximum care?

Jews have given so much, even their lives, for kiddush Hashem. Can we not forego a few dollars to avoid chilul Hashem?

Today I shall...

be scrupulous in all my transactions and relationships to avoid the possibility of bringing dishonor to my God and people.

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